this post was submitted on 30 Jul 2025
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askchapo

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What's your opinion of legal positivism? (hexbear.net)
submitted 10 months ago by znonymous@hexbear.net to c/askchapo@hexbear.net
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I hesitate to add more context to this question lest I taint the responses. Seeking to learn more about jurisprudence theory from materialist perspectives.

By legal positivism I mean the idea that validity of laws are derived solely from their formal sources (statutes or judicial decisions), not on any moral content. I'm curious how, from a materialist standpoint, positivism accounts for the social -‑ and economic -- power structures that actually shape which rules get made and enforced. Specifically, in the West, especially in the UK, Australia, and the USA. What do you think? Also, have Marxist-Leninist writers had much to say on the subject?

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